Can a 19 year old get a ticket for underage consumption if drinking wine with dinner at grandparents' house

Asked over 5 years ago - Cumming, GA

IN GEORGIA I'M 19 YEARS OLD I WAS AT MY GRANDPARNET HOUSE WITH MY MOM AT DINNER WE HAVE A GLASS OF WINE. I LIVE IN A DIFFERENT COUNTY FROM MY GRANDPARNETS AND 4 OR 5 HOURS LATER I WAS WITH A FRIEND SHE GOT PULLED OVER THEY MUST OF THOUGHT SHE WAS DRUNK THEY DID A BREATHALYSER BUT SHE PAST. THEN THEY CAN TO ME AND ASK IF I HAD BEEN DRINKING I TOLD THEM I DID HAD A GLASS OF WINE AT DINNER. CAN THEY GIVE ME A CITATION FOR UNDERAGE COMSUMPTION AND POSSESSION?
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Attorney answers (2)

  1. Kenneth L. Shigley

    Pro

    Contributor Level 13

    1

    Lawyer agrees

    1

    Answered . Looks like you are guilty of poor spelling, excessive candor, and underage consumption of alcohol. There would be no ticket for drinking a glass of wine with family at 19. You got the ticket because you went riding around in a car afterward and told the officer about it when you had a right to remain silent. It reminds me of the fish mounted on the wall with a caption, "If I had kept my mouth shut I wouldn't be here." If you were my 19-year-old son I would tell you to pay the fine and learn from it. (The question of whether I would feel responsible enough for the situation under these limited circumstances to pay the fine for you is a separate question.) Fortunately, you are not charged with driving under the influence, purchasing alcohol, or misrepresenting your age to attempt to purchase alcohol. Those charges would result in an automatic 6 month license suspension under age 21. See http://www.georgiaunder21laws.com/under-21-lice... .

  2. Douglas Warren McDonald Jr.

    Contributor Level 10

    1

    Lawyer agrees

    Answered . (c) The prohibitions contained in paragraphs (1), (2), and (4) of subsection (a) of this Code section shall not apply with respect to the possession of alcoholic beverages for consumption by a person under 21 years of age when the parent or guardian of the person under 21 years of age gives the alcoholic beverage to the person and when possession is in the home of the parent or guardian and such parent or guardian is present.

    looks like you have a defense

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